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In this section we discuss academic use guidelines that have been discussed and proposed, but have never been formally approved. Why do we include them if they have not been approved and are not binding or enforceable? These proposed guidelines may give you a ballpark idea of what may be permissible.
1. Proposed Guidelines for Digital Copying
Under proposed guidelines, educators can digitize analog images (non-digital photographic prints or paintings). Digitizing is traditionally accomplished by scanning a printed photo. In this process, an analog image (that is, a three dimensional printed photograph or slide created by a non-computer photo processing method) is converted into a digital format known as binary code. This digital format is stored in a computer file. Under the proposed guidelines, educators can digitize a lawfully acquired analog image for educational use unless the image is readily available in usable digital form at a fair price. Under the proposed guidelines, an educational institution may use digital thumbnail images created from analog images for inclusion in a searchable catalog used by the institution. A thumbnail is a small scale, typically low resolution, digital reproduction which has no commercial or reproductive value.
An educational institution may display images digitized under the proposed guidelines through its own secure electronic network, provided that notice is included stating that the images shall not be downloaded, copied, retained, printed, shared, modified or otherwise used, except as provided in the educational use guidelines.
2. Proposed Guidelines for Using Digitized Images in Lectures, Scholarly Presentations or Publications
Under proposed guidelines, an educator may display a digital image prepared from an analog image if the display is for educational purposes such as face-to-face teaching or research and scholarly activities at a nonprofit educational institution. An educational institution may compile digital images for display on the institution's secure electronic network to students enrolled in a course given by that educator for classroom use, after-class review or directed study. Educators, scholars, and students may use or display digital images in connection with lectures or presentations in their fields, including uses at non-commercial professional development seminars, workshops and conferences.
The proposed guidelines do not permit reproducing and publishing images in publications, including scholarly publications in print or digital form, for which permission is generally required.
3. Proposed Guidelines for Students or Instructors Preparing Multimedia Works
There are extensive proposed guidelines for the creation and use of multimedia works. Multimedia works include any combination of music, text, graphics, illustrations, photographs and audiovisual imagery combined into an integrated presentation, along with accompanying projection and playback equipment. For example, an instructor in copyright law may use a software program such as Microsoft Power Point to create a class presentation that includes still and moving imagery as well as music and spoken words.
In general, students and instructors may create multimedia works for face-to-face instruction, directed self-study or for remote instruction provided that the multimedia works are used only for educational purposes in systematic learning activities at nonprofit educational institutions. Instructors may use their multimedia works for teaching courses for up to two years after the first use.
There are also certain "portion limitations." An educational multimedia presentation may include:
- up to 10% or 1,000 words, whichever is less, of a copyrighted text work. For example, an entire poem of less than 250 words may be used, but no more than three poems by one poet, or five poems by different poets from any anthology.
- up to 10%, but in no event more than 30 seconds, of the music and lyrics from an individual musical work.
- up to 10% or three minutes, whichever is less, of a copyrighted motion media work (for example, an animation, video or film image).
- a photograph or illustration may be used in its entirety but no more than five images by an artist or photographer may be reproduced. When using photographs and illustrations from a published collective work, no more than 10% or 15 images, whichever is less. Or,
- up to 10% or 2,500 fields or cell entries, whichever is less, from a copyrighted database or data table may be reproduced. A field entry is defined as a specific item of information, such as a name or Social Security number in a record of a database file. A cell entry is defined as the intersection where a row and a column meet on a spreadsheet.
Only two copies of an educational multimedia project may be made, only one of which may be placed on reserve. An additional copy may be made for preservation purposes, but may only be used or copied to replace a copy that has been lost, stolen or damaged. If an educational multimedia project is created by two or more people, each creator may retain one copy for the educational purposes described in the proposed guidelines. Permission is needed for uses that are commercial or go beyond the limitations in the proposed guidelines. |
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